Author 




Title 



Imprint 



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LAWS 



RELATING TO 



COMMON SCHOOLS 



AND 



SCHOOL LANDS, IN OREGON: 



PUBLISHED BY ORDER OF 



THE LEGISLATIVE ASSEMBLY. 




CORVALLIS, OREGON : 

ASAHEL BUSH, TERRITORIAL PRINTER. 

1855. 



! 8 SS~ 



TMP92-0084C8 



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AN ACT PROVIDING FOR THE PRINTING AND DISTRIBUTION OF 
CERTAN LAWS IN PAMPHLET FORM. 

Section 1. Beit Enacted by the Legislative Assembly of the Territory of Oregon, That 
the Territorial Printer be, and is, hereby authorized and directed to print, in pamphlet 
form, the following laws, to-wit: An act relating to election of justices of the peace, and 
constables, and to proceedings in justices' courts; An act relating to common schools and 
school lands; All acts relating to elections, and the mode of supplying vacancies in office; 
And an act relating to roads and ferries — each in seperate bindings — and one thousand copies 

Sec. 2. As soon as said laws are printed and bound, the Territorial Printer shall deliver 
them into the possession of the Secretary of the Territory, and his receipt therefor shall 
be a sufficient voucher to entitle said Territorial Printer to pay for the work, as provided 
by law. The Secretary shall, immediately, upon receipt of such laws/distribute them to the 
several county Auditors of the Territory, in proportion to the popnlation of their respective 
counties — said Auditors shall then distribute them appropriately among the several officers 
of the county, the laws relating to justice, &c, to the justices of the peace; the laws rela- 
ting to schools, to the superintendent of schools, to be distributed among the several school 
districts; the laws relating to roads and ferries, to overseers of highways; the acts relative 
to elections, to judges and clerks of election, and to county commissioners. 

Sec. 3. This act shall take effect and be in force from and after its passage. 

Passed the House of Representatives, January 29, 1855. 

Passed the Council, January 30, 1855. 



COMMON SCHOOL LAW. 



AN ACT RELATING TO COMMON SCHOOLS AND SCHOOL LANDS. 

CHAPTER I. 

COMMON SCHOOLS. 

Sec. 1. School fund, how provided. 

2. Authority of commissioners to levy taxes for school taxes. 

3. Fines, &c. to be appropriated for school fund. 

Section 1. Be it Enacted by the Legislative Assembly of the Territory 
of Oregon : That the principal of all moneys accruing to this territory 
from the sale of any land heretofore given, or which may be given by 
the Congress of the United States, and'all bequests made by any person 
or persons to the Territory for school purposes, shall continue an irre- 
ducible fund, the interest accruing from which shall be annually divided 
among all the school districts in the territory, proportionably to the 
number of children or youth in each district, between the ages of four 
and twenty^one, for support of common schools in said district, and for 
no other use or purpose whatever. 

Sec 2. For the purpose of establishing and maintaining common 
schools, it shall be the duty of the county commissioners of each county 
to lay an annual tax of two mills on the dollar, on all the taxable prop- 
erty of the county, as shown by the assessment roll made by the county 
assessors, for the same year, and to include the same in their estimate 
to the collector, and the said collector shall proceed to collect the said 
tax in the same manner as the other tax is collected ; and the said 
money so collected shall be paid over to the county treasurer, to be 
appropriated for the hire of school teachers in the several school 
districts, to be drawn in the same manner as hereinafter prescribed. 

Sec 3. For the further support of common schools, there shall be 
set apart, by the county treasurer, all moneys paid into the county trea- 
sury, arising from all fines for a breach of any penal laws of this 
territory. Such moneys shall be paid into the county treasury, and be 
added to the yearly school fund raised by tax in each county, and 
divided in the same manner. 



CHAPTER II. 

ELECTION OF COUNTY SUPERINTENDENT. 

Sec. 1. County superintendents; their election and term of office. 

2. When to qualify; oath to be filed. 

3. To divide county in districts, map of districts. 

4. Notice of formation of district how given; when renewed. 

5. Examination of school teachers by superintendent, 

6. Superintendent to visit schools yearly; his duties as visitor. 

7. yearly report of superintendent. 

8. Annual apportionment of school fund when to be made. 

9. Superintendent when to issue orders on treasurer for funds appropriated to 

districts. 
10. Superintendent to collect fines, #c, due to school fund, and prosecute for tres- 
pass, $"c. , on school lands. 
II, Trespasses on school lands indictable. 

12. Other lands to be selected in lieu of sections sixteen and thirty-six occupied 

before survey. 

13. Compensation of superintendent. 

Sec, 1. There shall be elected by the legal voters of their respec- 
tive counties at the annual elections, a county superintendent of com- 
mon schools for each county, who shall hold his office for the term of 
three years, and until his successor is duly qualified. 

Sec 2. The superintendent shall qualify within ten days after notice 
of his election, by taking an oath faithfully to discharge the duties of 
his office, and to the best of his ability promote the interest of education 
within his county, which oath shall be in writing and placed on file in 
the county clerk's office. 

Sec 3. It shall be the duty of the superintendent to divide such 
portion of his county as shall be inhabited, into convenient school dis- 
tricts ; to define the boundaries and numbers ; and to prepare and keep 
in his office a map of the districts of the county upon which the lines 
and boundaries of each district shall be clearly defined ; and shall lay 
off new districts, or divide old ones when the public good shall require it. 

Sec 4. Whenever any school district shall be formed by the super- 
intendent, it shall be his duty to prepare a notice in writing, of the 
establishment of such district, describing its boundaries, and to deliver 
the same to some taxable inhabitant of such district, who shall have asked 
for the formation of the same. It shall be the duty of said inhabitant, 
w ithin two weeks after the receipt of such notice, to notify the other inhab- 
itants of the district, of the time and place of the first district meeting, 
which time and place he shall fix by written notices, and which shall 
be posted up in three public places in the district, at least ten days 



previous to the time of meeting. In case the inhabitants fail to attend 
in sufficient numbers to do business as hereafter directed, notice may be 
renewed at such times as may be thought proper. 

Sec. 5. It shall be the duty of the superintendent to examine all 
persons who wish to become teachers in his county ; he shall examine 
them in orthography, reading, writing, arithmetic, English grammar and 
geography ; and if he be of the opinion that the person examined is 
competent to teach said branches, and that he or she is of good moral 
character, he shall give such person a certificate, certifying that he or 
she is qualified to teach a common school in said county ; such certifi- 
cate shall be .for the term of one year only, and may be revoked sooner 
by the superintendent for goodca use. 

Sec 6. The superintendent shall visit all the schools taught in his 
county, by a qualified teacher, at least once a year; he shall give such 
information and encouragement as he may think necessary, and endea- 
vor to promote the introduction of good and uniform system of school 
books throughout the county. 

Sec. 7. It shall be the duty of the superintendent to receive the 
district reports hereinafter provided for, and keep them on file in his 
office ; and he shall at least ten days before the first Friday in November 
of each year, make out from the district reports, a statement of the 
number of the scholars in the county ; the number of school houses ; 
the number of school labraries ; the number of districts ; in how many 
districts a school has been kept the past year ; what school books are 
principally used ; what proportion of all ihe scholars in the county have 
attended school for the past year ; and the amount of money paid to 
teachers. This statement, together with such other information and sug- 
gestions as he may deem important to the cause of education, he shall file 
in his office, and may, if convenient, publish it in some newspaper in 
this territory. 

Sec 8. It shall be the duty of the superintendent, at least fifteen 
days before the first Friday in November of each year, to make an 
apportionment of the school fund in the county treasury, among the 
several school districts in their respective counties, in proportion to the 
number of persons in the district over the age of four, and under twenty 
one years, and certify the amount due to each district, which shall be 
drawn as hereafter directed ; and he shall forthwith notify the clerks of 
the school districts of the amount due their respective districts. 

Sec. 9. When the districts shall have complied with the law, as 
hereafter directed, it shall be the duty of the superintendent to issue 
orders on the county treasury in favor of the clerks of the districts, for 
the amount of the school funds appropriated to each ; on the presenta- 
tion of which order, the treasurer of the county shall pay over to the 
clerks of the districts all moneys due the respective districts, and the 
clerks shall indorse on said order a receipt for so much as shall be paid 
thereon, and they shall also sign a duplicate receipt, which shall be de- 
posited with the superintendent, who shall credit the treasury of the 
county therewith, and charge the same to the proper district. 

Sec. 10. The superintendent shall, in the name of the county, col- 
lect, or cause to be collected, all moneys due the school fund from fines, 
or from any other source in his county; and until the legislature shall 
make some provision for the disposal of the school lands given by Con- 



gress to the territory for school purposes, it shall be the duty of the 
superintendent to preserve said lands from injury and trespass; and 
when it shall come to his knowledge that any trespass has been com- 
mitted on such lands, by cutting off timber, or other material, trom such 
lands, he shall immediately proceed against such trespasser, as provided 
by law in other cases, and he shall make complaint of the same before 
the grand jury of the proper county, at the first regular term of court, 
after he has obtained a knowledge of such trespass. 

Sec. 11. Any person trespassing upon, or injuring the school lands, 
as mentioned in the preceding section, shall be liable to be indicted for 
the same, and upon conviction, shall be fined in double damages, one- 
half to be paid into the irreducible fund mentioned in the first section of 
this act, and the other half to be paid into the county treasury for the 
use of the county. 

Sec. 12. It shall be the duty of the county superintendent to ascer- 
tian what portions of sections numbered sixteen and thirty-six, in each 
township in his county, are claimed by settlers occupying the same 
before the survey was made. Upon ascertaining the amount thus 
claimed in any township, he shall proceed without any unnecessary 
delay, to select other lands in lieu thereof, and make report to the sur- 
veyor general of such selections; which report shall describe the lands 
so selected, by numbers, and also state the amount, as near as may be ; 
it shall also state what townships contain the unoccupied lands that were 
selected in lieu thereof. It shall also be his duty to give public notice 
of such selection by posting up notices in three public places in his 
county, one which shall be at the county seat, and the others in the 
vicinity of the lands selected, describing said lands by their numbers, 
and such other description as he may deem expedient. 

Sec. 13. The said superintendent shall be allowed out of the county 
treasury, in compensation for his services, the sum of one hundred dol- 
lars a year. The county commissioners, may, in their discretion, if , 
they think the services rendered demand it, increase his salary to any 
sum not exceeding ^ve hundred dollars a year. 



CHAPTER III. 

SCHOOLS. 

Title I. School Meetings. 
Title II. Clerks. 
Title III. Teachers. 

TITLE I. 

School Meetings. 

Sec. 1. When school meeting may be called; as to what shall t constitute a quorum. 

2. Power of such meeting the same as regular yearly meeting. 

3. Organization of meeting; election of directors, 

4. Directors to qualify within ten days after election. 

5. Duty and powers of directors. 

6. Two directors constitute a quorum. 

7. Duty of directors to visit schools; promote uniformity of education, and pre- 

scribe rules for discipline. 

Sec. 1. A school meeting may be called at any time for the purpose 
of organizing a new district, as provided in section four, under the title 
of county superintendent. No number less than five legal voters shall 
constitute a quorum, to do business in any district meeting. 

Sec 2. Such school meeting shall have power to do all necessary 
business, the same as the regular annual school meeting would have. 

Sec 3. Such meeting when assembled, shall organize by the ap- 
pointment of a chairman and secretary. It shall then proceed by ballot 
to elect three directors, who shall hold their office till the next annual 
meeting, and until their successors are elected and qualified. 

Sec 4. The directors shall^qualify within ten days after their elec- 
tion, by taking an oath or affirmation faithfully to discharge the duties 
of the office, to the best of their abilities ; and to promote the interest of 
education within their district. The chairman of such meeting shall 
be authorized to administer this oath, which shall be in writing and filed 
with the clerk ot the district. 

Sec 5. It shall be the duty of the directors of every school district: 

1. To call special meetings of the district whenever they shall deem 
it necessary ; 

2. To make out a tax list of every district tax, oontaining the names 
of the taxable inhabitants in the district, and the amount of tax payable 
by each inhabitant set opposite his name ; 

c. s. L. — 2. 



10 

3. To annex to such tax list a warrant directed to the clerk of the 
district, for the collection of the sums in such list mentioned, including 
five per cent, for the fees of said clerk ; 

4. To purchase or lease a siie for the district school house, as desig. 
nated by a meeting of the district, and to build, hire or purchase, keep 
in repair and furnish sue!) school house with necessary fuel and appen- 
dages, nut of the funds collected and paid to the clerk for such purpose, 
and to have the custody and safe keeping of the district school house ; 

5. To contract with and employ teachers ; Provided, that no teacher 
shall be employed who shall not produce a certeficate from the county 
superintendent as is required by law, of good moral character and 
qualification to teach a district school ; 

6. To give orders to the teachers on the district clerk for their wages. 
Sec. 6. Any two of said directors shall constitute a quorum to do 

business. 

Sec 7. It shall be the duty of the directors to visit and examine the 
school or schools of their respective districts, at least twice in each 
term, they shall endeavor to procure the introduction of a good and 
uniform system of school books in their district; and when the teacher 
experiences difficulty in the government of the school, it shall be his 
duty to refer the cases of disorderly scholars to the directors, who shall 
decide whether such refractory scholars shall be compelled by suitable 
punishment to conform to the rules of school or be expelled from it. 

TITLE II. 

Clerks. 

Sec, 8. Election of clerks. 

9. Duty of clerks. 

10. Annual report when to be made and what to contain. 

11. Annual accounts; clerk when to pay over to successor. 

12. Annual school meetings when held; notice of meeting. 

13. As to who may vote at school meeting. 

14. Adjournments. 

15. Power of meeting to levy certain tax; library, 

16. Notice of tax to be given in call for meeting. 

17. Organized school district a body politic* 

18. District tax how assessed by directors* 

Sec 8. The first school meeting shall also elect a district clerk, 
who shall continue in office for the term of one year and until his suc- 
cessor is elected and qualified. He shall qualify within ten days after 
his election, by giving bond to the district directors in such sum as they 
may require, that he shall well and truly perform the duties of his office, 
and pay over all moneys coming into his hands by virtue of his office, 
as by law directed. If a clerk be elected to fill a vacancy, he shall 
continue in office for the unexpired term ; and if elected at the first 
meeting, not being the regular annual meeting, he shall continue in 
office until the next annual meeting. 

Sec. 9. It shall be the duty of the clerk of each district : 

1. To record the proceedings of his district in a' book, to be provided 
for that purpose by the district ; 

2. .To give notice of annual or special meetings ; . 



11 

3! To procure a list of all persons in the district between the ages 
of four and twenty. one years ; 

4. To collect all district taxes which he shall be required by the 
warrant from the directors to collect wiihin the time limited in each 
warrant for its return ; and he shall have the same authority to enforce 
the collection of such tax, as the county collector has for collecting the 
county tax, and he shall be allowed five per cent, for collecting ; 

5. To retain a copy of all reports made to the county superintendent 
relating to the affairs of the district. 

Sec. 10. It shall be the duty of the clerk to furnish the county 
superintendent, at least twenty days before the first Friday in November 
of each year, a report containing the number of scholars in his district, 
over four and under twenty-one years of age ; how long a school has 
been kept in his district the past year; what school books are princi* 
pally used ; what proportion of the scholars in the district have attended 
school ; and the amount of money paid to teachers. 

Sec. 11. The clerk of each district shall, at the close of each year 
of his office, make out in writing a just and true account of all moneys 
received by him for the use of the district, and the manner in which the 
same shall have been expended, which account shall be read at the 
annual district meeting. The clerk shall pay over all moneys remain- 
ing in his hands belonging to the district, to his successor, when his 
successor has legally qualified, and upon a refusal or neglect so to do, 
the directors shall forthwith bring suit upon his bond. 

Sec 12. There shail be an annual school meeting held in each diss 
trict upon the first Friday in November ; and notices of all annual or 
special meetings shall be in writing, signed by the clerk or directors of 
the district, and shall state the object for which the meeting is called ; 
and shall be posted up in three public places in the district, at least 
six days previous to the day of holding such meeting. 

Sec 13. Every inhabitant over the age of twenty-one years, who 
shall have resided in any school district for one month, immediately pre- 
ceding any district meeting, and who shall have paid, or be liable to 
pay any tax except road tax, in said district, shall be a legal voter at 
any school meeting, and no other person shall be allowed to vote. 

Sec 14. Any school meeting shall have power to adjourn from time 
to time as occasion may require. 

Sec 15. A school meeting legally called shall have power by the 
vote of a majority present, to levy a tax on all the taxable property in 
the district, as the meeting shall deem sufficient to purchase or lease a 
suitable site for a school house, and to build, hire or purchase a school- 
house, and keep it in repair, and furnish the same with necessary fuel 
and appendages, and to levy an additional tax on the district for the 
purchase or increase of a district library, globes, maps and such appa- 
ratus as the interest and well-being of the school shall require. The 
library shall consist, of such books as the district meeting shall direct. 

Sec 16. In all cases when a tax is to be levied, it shall be stated in 
the notices given of the meeting, for what purpose or purposes a tax is 
to be levied. 

Sec 17. When a district is organized, it shall be to all intents and 
purposes a body corporate, capable of suing and bein^ sued, and fully 
competent to transact all business appertaining to t ^hools or schooU 



12 

houses in their own district ;.and it shall be the duty of the directors t(. 
prosecute or defend any demands for or against their district, and notice 
shall be served upon one of the directors of any suit brought against a 
district. 

Sec 18. All district taxes shall be assessed by the directors, accord- 
ing to the valuation of property made for the assessment of county 
taxes, and shall be collected by the clerk of the district, with an addis 
tion of five per cent, on the same, which the clerk shall receive for his 
services. Any person aggrieved by an excessive assessment of the 
directors of any school district, may have the same reduced by his own 
affidavit or any competent testimony, to the satisfaction of the clerk. 

TITLE III. 
Teachers. 
Sec. 19. Teacher to procure certificate of character; register. 

Sec 19. It shall be the duty of every teacher of a common school 
to procure a certificate of qualification and good moral character, before 
entering on the duties of a teacher. It shall be his duty to keep a reg- 
ister of the names of the children attending school, their age, the time 
when they begin, the time they continue, and of their daily attendance, 
which register shall be filed with the clerk of the district at the cl e 
of every term. 



CHAPTER IV. 

MISCELLANEOUS PROVISIONS. 

Sic. 1. Minutes of first meeting to be signed by chairman and secretary, and del ! ered 
to clerk. 

2. Who to be chairman and secretary. 

3. Meetings may alter or repeal prior proceedings. 

4. Power of meeting to levy tax. 

5. Districts failing to organize or report not entitled to school fund; proviso 
45. County superintendent to apportion funds to organize districts only. 

7. Schools, when to be free. 

8. When scholars not in district may attend without charge. 

9. County superintendent may hold any other office in territory. 

10. When directors to appoint labrarian. 

11. Act, when to take effect. 

Sec. 1. The minutes of the first school meeting shall be sign 
the chairman and secretary, and delivered to the clerk of the di 
who shall file the same in his office. 

Sec 2. In all school meetings, the director whose term of 
shall first expire shall act as chairman, and the clerk of the distric 
act as secretary. 



13 

' Sec. 3, District meetings shall have power to repeal, alter or modify 
their proceedings from time to time as occasion may require. 

Sec. 4. District meetings, legally called, shall have power to levy a 
tax upon the property of the district for any purpose whatever, cons 
nected with, and for the benefit of schools, and the promotion of educa- 
tion in the district. Provided, that two thirds of the legal voters present 
are in favor of such tax. 

Sec 5. Any new district failing to organize and report to the county 
superintendent the number of children over four and under twenty-one 
years of age in said district, at least twenty days before the first Friday 
in November, or any district having been organized for the term of one 
year or more, failing to report to the county superintendent, as is 
required in section eleven of the chapter entitled " School Meetings," 
in this act, shall not be entitled to any portion of the county school fund 
for the ye,ar ; Provided, that if the clerk of any school district shall fail 
to make such report, any inhabitant of such district may make such 
report, verified on oath, and the county superintendent shall receive it, 
the same as if made by the clerk. 

Sec 6. The county superintendent shall apportion all the county 
school fund for that year, among those districts only which have 
organized and reported according to law. 

Sec 7. Whenever a school is kept in any district, the teacher of 
which shall be supported out of the general county school fund, or by 
tax on the district as aforesaid, such school shall be open and free to all 
children between the ages of four and twenty-one years in such district. 

Sec 8. TRe directors of any district may permit scholars living out 
of the district to attend school with or without charge, as they may 
deem proper. 

Sec 9. No person shall be disqualified to hold the office of county 
superintendent, district director or clerk, on account of holding any 
other office within the territory at the same time. 

Sec 10. It shall be the duty of the directors to appoint a suitable 
person for librarian, when the district shall have procured a library. 

Sec 11. This act to take effect and be in force from and after its 
passage. 

Passed January 12th, 1854. 



A£J ACT TO AMEND AN ACT ENTITLED « AN ACT IN RELATION TO 
COMMON-SCHOOLS AND SCHOOL LANDS. 

Sec. 1, First Friday of April substituted for same of November. 

2. Apportionment of school fund void in certain cases; proviso. 

3. Of apportionment of school fund. 

4. Superintendents to post notices. 

5. Duties of superintendents concerning school lands. 

6. Conflicting laws repealed. 

7. When act takes effect. 

Section 1 . Be it enacted by the Legislative Assembly of the Territory 
of Oregon: That the words "first Friday of April, 5 ' be substituted in 



14 

place of the words " first Friday of November," wherever they occur, 
in the act entitled " An act relative to common schools and school 
lands." 

Sec. '2. In all cases where the county superintendents have appor- 
tioned the school fund arising from tax and other sources, and where 
the money has not been paid out by the treasurer, such apportionment 
shall be null and void ; Provided, that this section shall not effect the 
apportionment in the county of Clackamas, or that of any county where 
all the school districts of the county shall have complied with the pro- 
visions of the act entitled " An act relating to common schools and 
school lands." 

Sec 3. It shall be the duty of the school superintendents of the 
different counties, at least ten days before the first day of April next, 
and of each year thereafter, to apportion all the money in the treasury, 
applicable to common school purposes, among the school districts of the 
counties that shall have organized and made returns according to law. 
fifteen days before the said first day of April. 

Sec 4. It shall be the duty of the county superintendents to call 
the attention of the people of their respective counties, to the importance 
of a compliance with the requirements of this law, and the consequences 
of a failure to do so, by posting up notices, or otherwise, within ten days 
after he shall have received a copy of this act. 

Sec 5. It shall be the duty of the county superintendents to ascer- 
tain what portions of sections numbered sixteen and thirty-six, in each 
township in his county, are claimed by settlers occupying the same 
before the survey was made ; upon ascertaining the amount thus claimed 
in any township, he shall proceed, wfthout any unnecessary delay, to 
select other lands in lieu thereof, and make report to the Surveyor Gen- 
eral, or such other officer as may be appointed by law for that purpose, 
of such selections, which report shall describe the lands so selected by 
numbers, and also state the amount, as near as may be, it shall also 
state what townships contain the unoccupied lands, that were selected 
in lieu thereof, it shall also be his duty to give public notice of such 
selection, by posting up notices in three public places in his county, one 
of which shall he at the coun'y seat, and the others in the vicinity of 
the lands selected, describing said lands, by their numbers, and such 
other description as he may deem expedient. 

Sec 6. That all acts and parts of acts, in conflict with this act, are 
here hereby repealed. 

Sec 7. This act to take effect and be in force from and after its 
passage. 

Passed January 22d, 1855. 



AN ACT SUPPLEMENTAL TO THE ACT RELATING TO COMMON-SCHOOLS 

AND SCHOOL LANDS. 

Sec. 1. Sec. 11th, chap. 2, to which this is supplemental, made applicable to University 
Land. 
2. School superintendents authorized to loan moneys belonging to the different 
school districts. 

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J-iDHARY OF CONfiRPee 

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